Union Free School District No. 10 v. Baumgartner

Appellate Division of the Supreme Court of New York

Union Free School District No. 10 v. Baumgartner

277 A.D.2d 998

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 16, 1950

StatusPublished

This text of 277 A.D.2d 998 (Union Free School District No. 10 v. Baumgartner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Union Free School District No. 10 v. Baumgartner, 277 A.D.2d 998 (N.Y. Ct. App. 1950).

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Opinion

In a proceeding to acquire land for a school site, the lessee of golf course property appeals from a judgment and order of the County Court, Nassau County (one paper) appointing commissioners to ascertain the amount of compensation to be paid for the land- taken, which was part of the golf course. Appeal dismissed. (See decision in Union Free School Dist., Town of Hempstead v. Baumgartner, No. 751, decided herewith, post, p. 1000.) The judgment and order are not appealable. Assuming, however, that they were appealable, on the merits the court is of the opinion that the golf course is not a yard or enclosure necessary to the use and enjoyment of the buildings [999]*999within the meaning of the statute and hence the judgment and order would be affirmed in any event. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.

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In a proceeding to acquire land for a school site, the lessee of golf course property appeals from a judgment and order of the County Court, Nassau County (one paper) appointing commissioners to ascertain the amount of compensation to be paid for the land- taken, which was part of the golf course. Appeal dismissed. (See decision in Union Free School Dist., Town of Hempstead v. Baumgartner, No. 751, decided herewith, post, p. 1000.) The judgment and order are not appealable. Assuming, however, that they were appealable, on the merits the court is of the opinion that the golf course is not a yard or enclosure necessary to the use and enjoyment of the buildings [999]*999within the meaning of the statute and hence the judgment and order would be affirmed in any event. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.

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Bluebook (online)

277 A.D.2d 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-free-school-district-no-10-v-baumgartner-nyappdiv-1950.